- 1.1.4
What is "law"?
Law and the Lemonade Stand
- Consider the simplest possible business: a lemonade stand
- Should the police have shut them down?
Schools of legal thought, briefly
- Legal positivism: law is what the sovereign commands
- Natural law: find universal moral order
- Legal realists: law depends on judges whims, social context, etc
- Critical legal studies: law flows from power, law is politics
Anatole France said, "The law, in its majesty, forbids rich and poor alike from sleeping under bridges.
Which school of legal thought is represented by this quote?
When Nazi Adolf Eichmann was placed on trial, he claimed he was "just following orders".
Which school of legal thought is represented by this quote?
Legal reasoning in a nutshell
- What is the Issue?
- What is the Rule?
- What is your Analysis? (Apply the facts to the Rule.)
- What is your Conclusion?
IRAC practice
Is a hot dog a sandwich?
IRAC practice
Is a hot dog a sandwich?
We need a rule. The Cube Rule will do.
IRAC: Is there a sense in which non-governmental entities, such as a church or social group, exercise "law"?
Sources (and priority) of law
How to Read a Court Case:
Harris v. Forklift Systems
Further excercises:
Should time permit
Class Procedure
Now that substance is done
- Syllabus
- Pictures with names
- Extra credit